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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection and use of intellectual property by the |
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Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 81, Natural Resources |
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Code, is amended by adding Section 81.021 to read as follows: |
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Sec. 81.021. INTELLECTUAL PROPERTY. (a) The commission |
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may: |
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(1) apply for, register, secure, hold, and protect |
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under the laws of the United States or any state or nation: |
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(A) a patent for the invention, discovery, or |
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improvement of any process, machine, manufacture, or composition of |
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matter; |
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(B) a copyright for an original work of |
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authorship fixed in any tangible medium of expression, known or |
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later developed, from which it can be perceived, reproduced, or |
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otherwise communicated, either directly or with the aid of a |
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machine or device; |
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(C) a trademark, service mark, collective mark, |
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or certification mark for a word, name, symbol, device, or slogan |
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that the commission uses to identify and distinguish the |
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commission's goods and services from other goods and services; or |
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(D) other evidence of protection or exclusivity |
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issued for intellectual property; |
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(2) contract with a person for the sale, lease, |
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marketing, or other distribution of the commission's intellectual |
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property; |
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(3) obtain under a contract described in Subdivision |
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(2) a royalty, license right, or other appropriate means of |
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securing reasonable compensation for the development or purchase of |
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the commission's intellectual property; and |
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(4) waive or reduce the amount of compensation secured |
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by contract under Subdivision (3) if the commission determines that |
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the waiver or reduction will: |
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(A) further a goal or mission of the commission; |
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and |
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(B) result in a net benefit to the state. |
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(b) Money paid to the commission under this section shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund as provided by Section 81.067. |
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SECTION 2. Section 81.067(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The fund consists of: |
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(1) proceeds from bonds and other financial security |
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required by this chapter and benefits under well-specific plugging |
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insurance policies described by Section 91.104(c) that are paid to |
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the state as contingent beneficiary of the policies, subject to the |
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refund provisions of Section 91.1091, if applicable; |
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(2) private contributions, including contributions |
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made under Section 89.084; |
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(3) expenses collected under Section 89.083; |
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(4) fees imposed under Section 85.2021; |
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(5) costs recovered under Section 91.457 or 91.459; |
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(6) proceeds collected under Sections 89.085 and |
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91.115; |
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(7) interest earned on the funds deposited in the |
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fund; |
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(8) oil and gas waste hauler permit application fees |
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collected under Section 29.015, Water Code; |
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(9) costs recovered under Section 91.113(f); |
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(10) hazardous oil and gas waste generation fees |
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collected under Section 91.605; |
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(11) oil-field cleanup regulatory fees on oil |
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collected under Section 81.116; |
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(12) oil-field cleanup regulatory fees on gas |
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collected under Section 81.117; |
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(13) fees for a reissued certificate collected under |
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Section 91.707; |
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(14) fees collected under Section 91.1013; |
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(15) fees collected under Section 89.088; |
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(16) fees collected under Section 91.142; |
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(17) fees collected under Section 91.654; |
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(18) costs recovered under Sections 91.656 and 91.657; |
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(19) fees collected under Section 81.0521; |
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(20) fees collected under Sections 89.024 and 89.026; |
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(21) legislative appropriations; |
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(22) any surcharges collected under Section 81.070; |
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(23) fees collected under Section 91.0115; |
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(24) [money deposited to the credit of the fund under
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Section 81.112;
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[(25)] fees collected under Subchapter E, Chapter 121, |
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Utilities Code; [and] |
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(25) [(26)] fees collected under Section 27.0321, |
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Water Code; and |
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(26) money collected under Section 81.021. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 85th legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |